HB1496 HD2

SECTION 1. The legislature finds that Hawaii's public school system, established in 1840 under the Hawaiian Kingdom's first constitution, reflects the Hawaiian Kingdom's commitment to education. However, this trajectory was disrupted by the 1893 overthrow of the Hawaiian Kingdom government and subsequent United States occupation.

The legislature further finds that in 1896, the Republic of Hawaii passed Act 57, Laws of the Republic of Hawaii 1896, mandating English as the sole medium of instruction in public and private schools. This policy marginalized the Hawaiian language, disrupted its intergenerational transmission, and led to the Hawaiian language's near extinction. By 1978, the number of ʻŌlelo Hawaii speakers had dwindled to two thousand, from nearly forty thousand in 1896. Hawaiian as a medium of instruction was excluded from public schools for ninety years until the law was reversed in 1986, allowing Hawaiian as a medium of instruction. The amendments made in 1978 to the Constitution of the State of Hawaii required the State to provide Hawaiian education, including the study of Hawaiian language, culture, and history. In 1987, the board of education launched Kula Kaiapuni, Hawaiian language immersion schools, marking a historic milestone in revitalizing ʻŌlelo Hawaii.

The legislature also finds that in 2004, Hawaiian language immersion was codified in the Hawaii Revised Statutes under chapter 302H, establishing Ka Papahana Kaiapuni. This program provides bicultural and bilingual education, emphasizing Hawaiian language, history, and values. As of the 2024-2025 school year, Kaiapuni programs serve over three thousand four hundred students at twenty-nine public schools.

Despite the programs' successes, Kaiapuni programs face long-standing challenges, including insufficient capacity, teacher shortages, inadequate facilities and curricula, lack of special education services, inequities in busing and geographic exemptions, and inconsistent administrative support. These issues hinder the programs' ability to meet their goals, as outlined in board of education policy no. 105-8.

The legislature recognizes the importance of systemic support to ensure the growth and success of Kaiapuni programs. Centralizing administrative oversight under a dedicated complex area superintendent will address these challenges and strengthen the programs' implementation.

Furthermore, the legislature finds that Native Hawaiians represent nearly twenty-four per cent of the State's student population. To fulfill its constitutional obligation to promote Hawaiian studies and language, the State must ensure representation on the board of education. Proper representation can be obtained by including a board of education member that is a proficient Hawaiian speaking educator, practitioner, or scholar of Hawaiian studies or the Hawaiian language.

The purpose of this Act is to:

(1) Establish the position of Ka Papahana Kaiapuni program complex area superintendent;

(2) Require that at least one at-large member of the board of education be a proficient Hawaiian speaking educator, practitioner, or scholar of Hawaiian studies or the Hawaiian language;

(3) Clarify the purpose and objective of the Hawaiian language medium education program; and

(4) Appropriate funds for the establishment of:

(A) The Ka Papahana Kaiapuni program complex area superintendent; and

(B) A secretary position to support the Ka Papahana Kaiapuni program complex area superintendent.

SECTION 2. Section 302A-101, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Ka Papahana Kaiapuni" means any school or program providing a complete education experience through the medium of the Hawaiian language."

SECTION 3. Section 302A-121, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The board shall consist of nine members as follows:

(1) One member from the county of Hawaii;

(2) One member from the county of Maui;

(3) One member from the county of Kauai;

(4) Three members from the city and county of Honolulu; and

(5) Three at-large members; provided that the governor shall select an at-large member as the chairperson.

The members shall be appointed by the governor, with the advice and consent of the senate. Of the at-large members appointed pursuant to paragraph (5), at least one member shall be a proficient Hawaiian speaking educator, practitioner, or scholar of Hawaiian studies or the Hawaiian language, who shall be selected from a list of three nominees submitted by the president of the senate, speaker of the house of representatives, and office of Hawaiian affairs; provided that the president of the senate, speaker of the house of representatives, and office of Hawaiian affairs shall each nominate one proficient Hawaiian speaking educator, practitioner, or scholar of Hawaiian studies or the Hawaiian language for selection. The governor may remove or suspend for cause any member of the board."

SECTION 4. Section 302A-604, Hawaii Revised Statutes, is amended to read as follows:

"§302A-604 Complex area superintendents. The superintendent of education, with the approval of the board, shall appoint complex area superintendents for schools[.], including a proficient Hawaiian language speaking complex area superintendent for Ka Papahana Kaiapuni schools. The complex area superintendents shall supervise the delivery of administrative and instructional support services within their respective complex areas, including:

(1) Personnel, fiscal, and facilities support;

(2) Monitoring of compliance with applicable state and federal laws;

(3) Curriculum development, student assessment, and staff development services; and

(4) Special education programs and special schools within the complex area."

SECTION 5. Section 302H-1, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302H-1[]] Hawaiian language medium education program; established. [The Hawaiian language medium education program may be established as a complete educational program or schooling experience provided to students in the medium of the Hawaiian language. The educational objectives of this program shall take into consideration how its content integrates with Hawaiian language and culture curricula and Hawaiian language medium curricula offered at the preschool and college levels, may be the same as the English language medium program, and may fulfill unique Hawaiian language medium education program goals.] The Hawaiian language medium education program shall provide a complete educational experience through the Hawaiian language. The program's objectives shall integrate Hawaiian language and culture curricula from preschool to college levels and fulfill unique program goals."

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $200,000 or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to establish one full-time equivalent (1.0 FTE) Ka Papahana Kaiapuni complex area superintendent position within the department of education.

The sums appropriated shall be expended by the department of education for the purposes of this Act.

SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $75,000 or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to establish one full-time equivalent (1.0 FTE) secretary position to support the Ka Papahana Kaiapuni complex area superintendent.

The sums appropriated shall be expended by the department of education for the purposes of this Act.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect on July 1, 3000; provided that the new requirement established by section 3 of this Act shall be fulfilled by the individual appointed to fill the next at‑large member vacancy on the board of education, whether the vacancy occurs before, on, or after the effective date of this Act.

HOUSE OF REPRESENTATIVES	H.B. NO.	1496
THIRTY-THIRD LEGISLATURE, 2025		H.D. 2
STATE OF HAWAII